[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 288 Referred in Senate (RFS)]


109th CONGRESS
  1st Session
H. CON. RES. 288


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 16, 2005

Received and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Recognizing the 30th anniversary of the enactment of the Education for 
 All Handicapped Children Act of 1975 and reaffirming support for the 
 Individuals with Disabilities Education Act so that all children with 
disabilities have access to a free appropriate public education in the 
                     least restrictive environment.

Whereas the Education for All Handicapped Children Act of 1975 (Public Law 94-
        142) was signed into law 30 years ago on November 29, 1975, and amended 
        the State grant program under part B of the Education of the Handicapped 
        Act;
Whereas the Education for All Handicapped Children Act of 1975 established the 
        Federal priority of ensuring that all


children, regardless of the nature or severity of their disability, have 
available to them a free appropriate public education in the least 
restrictive environment;

Whereas the Education of the Handicapped Act was further amended by the 
        Education of the Handicapped Act Amendments of 1986 (Public Law 99-457) 
        to create a preschool grant program for children with disabilities aged 
        3 through 5 and an early intervention program for infants and toddlers 
        with disabilities under 3 years of age and their families;
Whereas the Education of the Handicapped Act Amendments of 1990 (Public Law 101-
        476) renamed the statute as the Individuals with Disabilities Education 
        Act (IDEA);
Whereas IDEA currently serves an estimated 269,000 infants and toddlers, 679,000 
        preschoolers, and 6,000,000 children aged 6 to 21;
Whereas IDEA has assisted in a dramatic reduction in the number of children with 
        developmental disabilities who must live in State institutions away from 
        their families;
Whereas the number of children with disabilities who complete high school with 
        standard diplomas has grown significantly since the enactment of IDEA;
Whereas the number of children with disabilities who enroll in college as 
        freshmen has more than tripled since the enactment of IDEA;
Whereas IDEA promotes partnerships between parents of children with disabilities 
        and education professionals in the design and implementation of the 
        special education and related services provided to children with 
        disabilities;
Whereas IDEA has raised the Nation's expectations regarding the abilities of 
        children with disabilities by requiring access to the general education 
        curriculum;
Whereas the 2004 reauthorization of IDEA ensures that children with disabilities 
        are guaranteed a quality education based on the high academic standards 
        required under the No Child Left Behind Act of 2001 (Public Law 107-
        110);
Whereas the 2004 reauthorization strengthens IDEA's focus on the educational 
        results of children with disabilities and better prepares those children 
        for employment or further education beyond high school;
Whereas the 2004 reauthorization further enables special education teachers, 
        related services providers, other educators, and State and local 
        educational agencies to focus on promoting the academic achievement of 
        children with disabilities;
Whereas the 2004 reauthorization maintains the necessary procedural safeguards 
        that guarantee the rights of children with disabilities and their 
        parents while encouraging the mutual resolution of disputes and reducing 
        unnecessary litigation;
Whereas the 2004 reauthorization continues to ensure the provision of a free 
        appropriate public education to students referred to a private school by 
        a public agency and ensures the provision of special education and 
        related services to students placed by their parents in private schools;
Whereas, although the Federal Government has not yet met its commitment to fund 
        IDEA at 40 percent of the average per pupil expenditure, it has 
        increased IDEA funding over the last decade from $2.3 billion to $10.6 
        billion and increased its percentage share of the average per pupil 
        expenditure from 7.8 percent to 18.6 percent;
Whereas the 2004 reauthorization ensures that the vast majority of funds will go 
        directly to the classroom and provides States and local educational 
        agencies additional flexibility to provide for the costs of educating 
        high need children with disabilities;
Whereas IDEA has supported, through its discretionary programs, three decades of 
        research, demonstration, and personnel preparation in effective 
        practices for educating children with disabilities, enabling teachers, 
        related services providers, and other educators to effectively meet the 
        educational needs of all children;
Whereas Federal and State governments can support effective practices in the 
        classroom to ensure appropriate and effective services for children with 
        disabilities; and
Whereas IDEA has succeeded in marshalling the resources of this Nation to 
        implement the promise of full participation in society for children with 
        disabilities: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress--
            (1) recognizes the 30th anniversary of the enactment of the 
        Education for All Handicapped Children Act of 1975 (Public Law 
        94-142);
            (2) acknowledges the many and varied contributions of 
        children with disabilities and their parents, teachers, related 
        services providers, and other educators; and
            (3) reaffirms its support for the Individuals with 
        Disabilities Education Act so that all children with 
        disabilities have access to a free appropriate public 
        education.

            Passed the House of Representatives November 15, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.